BALWINDER SINGH @ BILLU @ BAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment dated 22.5.2004 whereby the learned Additional Sessions Judge, Hoshiarpur convicted and sentenced the appellant for offence punishable under Section 4 of Explosive Substances Act, 1908.

(2.) The prosecution case, in brief, is that on 16.6.1999, SI Kulwant Singh along with his police party was holding a special naka at the turning point of village Salaur near bus stop Bhagpur. At about 11.30 p.m. appellant came there on scooter and was signaled to stop. The pillion rider of the scooter slipped in the cover of darkness, however, the appellant stopped the scooter. On search, one plastic bag was found hanging on the hook below the driver seat which was having an RDX of black colour. The total quantity of RDX was found to be 8 kg. From the dicky of the scooter one plastic bag containing 10 electronic detonator, 10 non electronic detonator, two plastic caps, two pencil bombs and one role tape were recovered. All these articles were taken into possession vide recovery memo Ex.PA.

(3.) On inspection of the scooter, the same was found without any chassis or engine number and was taken into possession vide recovery memo Ex.P2. Ruqa Ex.PC was sent to the Police Station, Sadar, Hoshiarpur whereupon formal FIR Ex.PC/1 was recorded. One bag of black colour material was got tested from Forensic Science Laboratory and was found to be mixture of RDX, carbon and mobil-oil vide report Ex.PR. After completion of the investigation challan against the appellant was presented in the court of Additional Chief Judicial Magistrate, Hoshiarpur who committed the same to the court of Sessions for trial. Finding a prima facie case for offence punishable under Section 4/5 of the Explosive Substance Act, the appellant was charge sheeted to which he pleaded not guilty and claimed trial.